Frank Paul Celaya v. State

Opinion

Order entered September 12, 2018

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-00391-CR

FRANK PAUL CELAYA, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas

Trial Court Cause No. F12-52876-U

ORDER

Appellant’s brief, due August 24, 2018, has not been filed. We notified appellant by

postcard dated August 28th that the brief was overdue. On September 7, 2018, appellate counsel filed a letter, notifying the Court that: (1) she has been unable to reach appellant; (2) on June 7, 2018, the trial court granted appellant’s motion for shock probation; and (3) appellant’s trial court counsel informed appellate counsel that it was likely appellant no longer wished to pursue the appeal because appellant wanted shock probation.

We ORDER the trial court to conduct a hearing to determine whether appellant desires to prosecute this appeal or whether appellant has abandoned the appeal. See TEX. R. APP. P. 38.8(b). If the trial court cannot obtain appellant’s presence at the hearing, the trial court shall conduct the hearing in appellant’s absence. See Meza v. State, 742 S.W.2d 708 (Tex. App.–

Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to assure effective representation, which may include appointment of new counsel.

We ORDER the trial court to transmit a record of the proceedings, which shall include written findings and recommendations, to this Court within THIRTY DAYS of the date of this order.

We DIRECT the Clerk to send a copy of this order to the Honorable Stephanie Mitchell, Presiding Judge, 291st Judicial District Court, and to counsel for all parties.

This appeal is ABATED to allow the trial court to comply with the above order. The appeal shall be reinstated thirty days from the date of this order or when the findings are received, whichever is earlier.

/s/ CRAIG STODDART

JUSTICE